Peter Gisondi & Co. v. Evans Development Corp.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), dated March 25, 1986, which granted the defendant’s motion to vacate a previously entered default judgment and deemed the defendant’s proposed answer served.

Ordered that the order is affirmed, with costs.

Due to certain confusion surrounding the ad damnum clause and an alleged representation by the plaintiffs counsel that an amended complaint would be served, the defendant took no further action in this matter prior to the entry of a default…